74 Mo. App. 579 | Mo. Ct. App. | 1898
Daudt took the appeal. The case was sent to the St. Louis court 'of appeals, and from there transferred to the supreme court. Mr. Daudt briefed the case in the supreme court and that court reversed the
“The court declares the law to be that the employment of defendant by the board of supervisors of Drainage District number one, as special counsel to assist the tax attorney in enforcing the payment of taxes levied by said district and the issuing of five warrants by said board each for one hundred dollars, in payment of his services as such special counsel, were ultra vires, illegal and void; the verdict on the first count of plaintiff’s petition must therefore be for plaintiff for" the amount defendant received on the first two warrants, together with six per cent interest from date of demand.” Appellant in due time filed his motions for new trial and in arrest of judgment, which being-overruled he appealed.
Section 6528 of the Revised Statutes of 1889 provides, among other things, that supervisors of Drainage Districts, shall, by resolution, order the assessment of a tax; that a copy of this resolution shall be certified by the secretary of the board, under the seal of the district, to the clerk of the county court of the county in which the lands are situated, and that the clerk of the county court shall extend the levy on the tax book of the county, on the real estate to be benefited, situated in said district, in the same manner that other taxes are now extended, in a column under the heading of “drainage tax,” that this tax shall be collected by the collector of the county in which the real estate is situated. In the case of State ex rel. v. Angert, 127 Mo.